HomeMy WebLinkAbout~Master - Filing of Petition with U.S. Court of Appeals requesting Stay of Final Rule RESOLUTION NO. 11-460
RESOLUTION AUTHORIZING THE FILING OF A
PETITION FOR JUDICIAL REVIEW OF THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY'S
CROSS-STATE AIR POLLUTION RULE (CSAPR)
WHEREAS, the City of Ames has determined that implementation of the United States
Environmental Protection Agency's Cross-State Air Pollution Rule will have an adverse impact on
the City's Power Plant by restricting operation of Units 7 and 8 to approximately 50% of recent
historic outputs; and
WHEREAS, since the Environmental Protection agency issued the final rule on August 8,
2011,and it becomes effective January 1,2012,the City does not have adequate time to acquire and
install control equipment before the compliance deadline;
NOW,THEREFORE,BE IT RESOLVED that the City Attorney is authorized to proceed
with the preparation and filing of a Petition for Judicial Review of the U.S.E.P.A.'s Cross-State Air
Pollution Rule in the United States Court of Appeals for the District of Columbia Circuit;
BE IT FURTHER RESOLVED that legal and technical assistance and representation in
support of the judicial review and related procedures shall be provided by the Ritts Law Group of
Alexandria, Virginia,under the terms of the engagement agreement for services related to Clean Air
Act Compliance.
ADOPTED THIS 6t" day of October, 2011.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Mahayni
Seconded by: Davis
Voting aye: Davis, Goodman, Larson, Mahayni
Voting nay: None Absent: Orazem, Wacha
Resolution declared adopted and signed by the Mayor this 6th day of October, 2011.